PEER-TO-PEER FILE SHARING Why creative people value copyright law When you and your students can use copyrighted materials without payment or permission under some circumstances When you and your students should ask permission or pay a license fee to use copyrighted materials How the law adapts to changes in society and changes in technology Institute for Policy Innovation global music piracy causes $12.5 billion of economic losses every year, 71,060 U.S. jobs lost, a loss of $2.7 billion in workers' earnings, and a loss of $422 million in tax revenues, $291 million in personal income tax and $131 million in lost corporate income and production taxes. FORTUNATELY: ten million licensed tracks available on more than 400 different services worldwide.  That’s great news for music fans and the industry alike.

Digital and Media Literacy ---- ACCESS ----- ANALYZE ----- CREATE ---- REFLEC T----- ACT Critical Thinking, Reflection & Ethics Using Technology Tools Well Self-Expression & Creativity Teamwork & Collaboration

What is the purpose of

To promote creativity, innovation and the spread of knowledge Article I, Section 8, Clause 8 of the United States Constitution, known as the Copyright Clause, the Copyright and Patent Clause (or Patent and Copyright Clause), the Intellectual Property Clause and the Progressive Clause, empowers the United States Congress: “ To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries. Article 1 Section 8 U.S. Constitution

EVERYTHING IS COPYRIGHTED Creative expression in a fixed and tangible form Not Protected: ideas, useful objects, Titles, names, short phrases (protected under trademark law) As stated in the Copyright Act: In no case does copyright protection for an original work of authorship extend to any idea, procedure, process, system, method of operation, concept, principle, or discovery, regardless of the form in which it is described, explained, illustrated, or embodied in such work. This specific exclusion helps maintain the distinction between copyright protection and patent law. Ideas and inventions are the subject matter for patents, while the expression of ideas is governed by copyright law.

Creative Control The Copyright Act grants five rights to a copyright owner: 1. the right to reproduce the copyrighted work; 2. the right to prepare derivative works based upon the work; 3. the right to distribute copies of the work to the public; 4. the right to perform the copyrighted work publicly; and 5. the right to display the copyrighted work publicly.

LOVE HATE Worst case scenario: $3,3 million – 22 episodes at $150K each If you plead ignorance: possibly only $4,400 ($750 * 22 episodes) PLUS YOUR LEGAL FEES + THEIR LEGAL FEES

Copyright law enables people to profit from their creativity LOVE HATE Copyright law enables people to profit from their creativity Worst case scenario: $3,3 million – 22 episodes at $150K each If you plead ignorance: possibly only $4,400 ($750 * 22 episodes) PLUS YOUR LEGAL FEES + THEIR LEGAL FEES

Copyright law enables people to profit from their creativity LOVE HATE Copyright law enables people to profit from their creativity Worst case scenario: $3,3 million – 22 episodes at $150K each If you plead ignorance: possibly only $4,400 ($750 * 22 episodes) PLUS YOUR LEGAL FEES + THEIR LEGAL FEES Violating Copyright Can Be Expensive The Copyright holder may receive statutory damages for all infringements involved in the action… not less than $750 or more than $30,000 as the court considers just. [...] When infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000."

…but there are exceptions EVERYTHING IS COPYRIGHTED …but there are exceptions

The Doctrine of Fair Use For purposes such as criticism, comment, news reporting, teaching (including multiple copies for classroom use), scholarship or research --Section 107 Copyright Act of 1976

The Doctrine of Fair Use “It not only allows but encourages socially beneficial uses of copyrighted works such as teaching, learning, and scholarship. Without fair use, those beneficial uses— quoting from copyrighted works, providing multiple copies to students in class, creating new knowledge based on previously published knowledge—would be infringements. Fair use is the means for assuring a robust and vigorous exchange of copyrighted information.” --Carrie Russell, American Library Association

Copyright Law Adapts to Changes in Technology and Society

Why do students use images in their writing? PERSONAL USE EDUCATIONAL USE PROMOTIONAL USE PUBLIC USE Why do students use images in their writing?

Why do students use images in their writing? PERSONAL USE EDUCATIONAL USE PROMOTIONAL USE COMMERCIAL USE Why do students use images in their writing? Which uses are protected by fair use?

Students need to ask permission & pay a license fee to use copyrighted material when using copyrighted materials for promotional or advertising purposes

Bill Graham Archives vs. Dorling Kindersley, Ltd. (2006)

An Example of Transformative Use The purpose of the original: To generate publicity for a concert. The purpose of the new work: To document and illustrate the concert events in historical context.

Educators Can Rely on Fair Use National Council of Teachers of English (NCTE) has adopted the “Code of Best Practices in Fair Use for Media Literacy Education” as its official policy on fair use http://www.ncte.org/positions/statements/fairusemedialiteracy

Five Principles Code of Best Practices in Fair Use Educators can: make copies of newspaper articles, TV shows, and other copyrighted works and use them and keep them for educational use create curriculum materials and scholarship with copyrighted materials embedded share, sell and distribute curriculum materials with copyrighted materials embedded Learners can: use copyrighted works in creating new material distribute their works digitally if they meet the transformativeness standard

Using Copyrighted Materials in Creative Work . CASE 1. A student uses an image of John Lennon in a class assignment where he discusses how musicians share their political beliefs with their fans. CASE 2. Students use an image of John Lennon on the cover of their high school literary magazine, entitled “Peace Out.”

Is Your Use of Copyrighted Materials a Fair Use? Did the unlicensed use “transform” the material taken from the copyrighted work by using it for a different purpose than that of the original, or did it just repeat the work for the same intent and value as the original? Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?

PRINCIPLE 4: STUDENTS CAN USE COPYRIGHTED MATERIAL IN THEIR OWN CREATIVE WORK Because media literacy education cannot thrive unless learners themselves have the opportunity to learn about how media functions at the most practical level, educators using concepts and techniques of media literacy should be free to enable learners to incorporate, modify, and re-present existing media objects in their own classroom work. Media production can foster and deepen awareness of the constructed nature of all media, one of the key concepts of media literacy. The basis for fair use here is embedded in good pedagogy. LIMITATIONS: Students’ use of copyrighted material should not be a substitute for creative effort. Students should be able to understand and demonstrate, in a manner appropriate to their developmental level, how their use of a copyrighted work repurposes or transforms the original. For example, students may use copyrighted music for a variety of purposes, but cannot rely on fair use when their goal is simply to establish a mood or convey an emotional tone, or when they employ popular songs simply to exploit their appeal and popularity. Again, material that is incorporated under fair use should be properly attributed wherever possible. Students should be encouraged to make their own careful assessments of fair use and should be reminded that attribution, in itself, does not convert an infringing use into a fair one.  

Sharing Creative Work Online . CASE 1. A student uses “Little Mermaid” image in her personal blog writing about her childhood memories. CASE 2. A student uses a “Little Mermaid” image in her online fan fiction about the sexual adventures of Ariel.

Is Your Use of Copyrighted Materials a Fair Use? Did the unlicensed use “transform” the material taken from the copyrighted work by using it for a different purpose than that of the original, or did it just repeat the work for the same intent and value as the original? Was the material taken appropriate in kind and amount, considering the nature of the copyrighted work and of the use?

PRINCIPLE 5: DEVELOPING AUDIENCES FOR STUDENT WORK PRINCIPLE 5: DEVELOPING AUDIENCES FOR STUDENT WORK. Educators should work with learners to make a reasoned decision about distribution that reflects sound pedagogy and ethical values. In some cases, widespread distribution of students’ work (via the Internet, for example) is appropriate. If student work that incorporates, modifies, and re-presents existing media content meets the transformativeness standard, it can be distributed to wide audiences under the doctrine of fair use.

LIMITATIONS: Educators and learners in media literacy often make uses of copyrighted works outside the marketplace, for instance in the classroom, a conference, or within a school-wide or district-wide festival. When sharing is confined to a delimited network, such uses are more likely to receive special consideration under the fair use doctrine. Especially in situations where students wish to share their work more broadly (by distributing it to the public, for example, or including it as part of a personal portfolio), educators should take the opportunity to model the real-world permissions process, with explicit emphasis not only on how that process works, but also on how it affects media making. In particular, educators should explore with students the distinction between material that should be licensed, material that is in the public domain or otherwise openly available, and copyrighted material that is subject to fair use. The ethical obligation to provide proper attribution also should be examined. And students should be encouraged to understand how their distribution of a work raises other ethical and social issues, including the privacy of the subjects involved in the media production.

Exercising Your Fair Use Reasoning Involves Critical Thinking

MAKING A FAIR USE DETERMINATION USING THE WRITING & DISCUSSION PROCESS 1. View a sample of student-produced media texts 2. Respond in writing to one text using reasoning to make a fair use determination 3. Discuss and share ideas in a small group

Communities of Practice Assert Their Fair Use Rights

Digital Millennium Copyright Act of 1998 RIPPING. Criminalizes the use of technology, devices, or services intended to circumvent digital rights management (DRM) software that controls access to copyrighted works. ONLINE TAKEDOWNS. Protects Internet Service Providers against copyright liability if they promptly block access to allegedly infringing material (or remove such material from their systems) if notified by copyright holder; offers a counternotification provision if use is exempted under fair use

The Results of our Advocacy Users may unlock DVDs protected by the Content Scrambling System when circumvention is for the purpose of criticism or comment using short sections, for educational, documentary or non-profit use.

PEER-TO-PEER FILE SHARING Why creative people value copyright law When you and your students can use copyrighted materials without payment or permission under some circumstances When you and your students should ask permission or pay a license fee to use copyrighted materials How the law adapts to changes in society and changes in technology Institute for Policy Innovation global music piracy causes $12.5 billion of economic losses every year, 71,060 U.S. jobs lost, a loss of $2.7 billion in workers' earnings, and a loss of $422 million in tax revenues, $291 million in personal income tax and $131 million in lost corporate income and production taxes. FORTUNATELY: ten million licensed tracks available on more than 400 different services worldwide.  That’s great news for music fans and the industry alike.

http://mediaeducationlab.com

Wikispaces Online Community http://copyrightconfusion.wikispaces.com http://copyrightconfusion.wikispaces.com

http://mediaeducationlab.com/copyright Contact: Renee Hobbs Temple University Media Education Lab Philadelphia PA Email: renee.hobbs@temple.edu Phone: (215) 204-3255 Twitter: reneehobbs Web: http://mediaeducationlab.com